Shared privatization of an apartment - pros and cons

People living in apartments that belong to the state or municipal fund have the right to privatization. The procedure, at first glance, is simple, but it requires a lot of time and legal knowledge in this matter. During this operation, all actions should be carried out step by step and carefully, so that in the future there will be no confusion and loss of time to solve problems that have arisen.

Why is privatization needed?

People who take the initiative to privatize an apartment become the owners of residential premises, which they receive free of charge from the state for living or using for personal purposes.
It is important to know! Any citizen of the Russian Federation has the right to only one-time privatization during his life.

The privatization process became possible after the collapse of the Soviet Union; until that moment, this procedure was not possible. Only private houses were subject to privatization. The owner receives much more rights to the privatized premises. Such apartments are subject to redevelopment after an agreement with the BTI. In addition, they can already be sold, donated, bequeathed, rented, etc. The owner can independently decide who to register or write out. It is impossible to evict a tenant from a privatized apartment in case of debt to housing and communal services.

Pros and cons of privatization

Many people, when privatizing their housing, do not quite understand what they are doing and what kind of responsibility they are taking on. According to the Housing Code of the Russian Federation, the privatization of an apartment is the gratuitous transfer into common joint or common shared ownership of housing to persons registered in this living space, provided that these persons have not used their right to privatize housing earlier. Housing privatization can be carried out either independently or with the help of real estate agencies specializing in these issues. Independent privatization will be cheaper for the future home owner, but the registration process itself will take much longer. Provided that the privatization of the apartment will be handled by an intermediary (real estate agency), the privatization process will take less time - one or two months - after which the privatized apartment will immediately become the property of the owners. What will this give him? There are many advantages, although there are also disadvantages.

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The most important indisputable advantage of privatizing an apartment is that it becomes the property of the owner or owners. Now he or they can freely use this privatized property in their own way: sell, donate, bequeath, or alienate in some other way. Also, which is important, in the case of lending to the owner of an apartment secured by real estate, only a privatized apartment can be the subject of collateral. Moreover, the owner has the right to provide a privatized apartment as collateral for a third party loan. Only a privatized apartment can be inherited by law and transferred after the death of the previous owners to new legal owners - relatives or persons specified in the will.

How long does the procedure take?

According to the law, housing privatization is carried out within 60 days from the date of submission of the necessary documents. But unfortunately, this situation is not always met due to several factors:

1. government authorities do not always respond quickly to statements;
2. impossibility of collecting documents from privatization participants due to their location;
3. long queues at self-government bodies;
4. debts for utilities.
5. inappropriate state of the object.

Important points to know before starting the procedure

Before you begin the process of privatization of municipal housing, you should collect the necessary documents:

1. written consent of all people living in the apartment;
2. social rental agreement;
3. family members must provide documents confirming their identity;
4. obtain a certificate of family composition (it is issued by the Housing Office and is valid for a month);
5. obtain a technical passport from the BTI, and also pay the state fee. The issuance of such a document may take from 14 to 30 days.

Important! If the owner of the apartment intends to register the apartment in his name without the participation of the residents registered in it, then they must notarize their refusal.

The procedure for registering housing privatization

Privatization of an apartment has the following procedure:

• The citizen takes all the documents necessary for this and goes to the local administration.

A person should immediately go to the department that oversees housing provided under social rental agreements.

• Write a statement indicating your intention to register ownership of this real estate.

All documentation must be attached to such an application.

• Wait for the local administration to approve or reject such a request.

It takes about two months for a response.

• If the administration makes a positive decision, then come on a specific day to sign the contract.
• With the received agreement, contact Rosreestr and request a Certificate of Ownership.

Important: if minor citizens lived in this apartment, then before writing an application you will need to obtain permission from the guardianship authorities to privatize the living space.

Required documents

To carry out such a procedure, a large package of documents is required. It should include:

• Passport of every citizen over 14 years of age who lives at a specific address.
• Birth certificate, if a child under 14 years of age lives in the real estate.
• Original rental agreement with the local municipality.

If this agreement is lost, then you need to request a duplicate from the administration.

• A certificate in which all citizens living in this apartment express their consent to privatization.

The certificate is signed only by adults and persons with legal capacity.

• A certificate that specific citizens pay all utilities on time and have no debts.
• An extract showing all registered people at a specific address.
• Plan for this real estate.
• Technical passport.

Such a document is issued by the Bureau of Technical Inventory.

• A certificate requested from the BTI that specific persons have never privatized real estate.
• A document stating that the family does not have their own home.

Important: if one of the people has his own living space, then privatization will be refused.

Privatization of real estate has many pros and cons. Every person who lives in an apartment owned by the municipality must analyze everything before going through this procedure, and most importantly, make an informed decision about the need to re-register the property as property.

Blitz tips:

• It is better to consult with lawyers on privatization issues;
• before contacting the local administration, be sure to make sure that you have collected all the documents required for this procedure;
• Experts advise people who have a difficult financial situation to weigh whether they will be able to bear all the increased costs for utilities.

Didn't find the answer to your question? Find out how to solve exactly your problem - call right now: +7 (Moscow) +7 (812) 309-53-42 (St. Petersburg) It's fast and free!

Positive and negative aspects of apartment privatization

The privatization process is the cornerstone. It would seem that this is an opportunity to become a home owner, but in reality many refuse to register property rights. And sometimes there are cases of requests to deprivatize housing. Let's figure out what positive and negative aspects this process contains.

Disadvantages of privatization

1. The main disadvantage is the increase in utility bills. Let's show this by comparison: if you need to pay 13 rubles a month for a square meter of rented housing, then the payment in a privatized one will be 24 rubles. The difference is obvious. In addition, you will need to pay for major repairs of the residential building.
2. Another disadvantage is the annual property tax. The tax rate is different for each region. And this is again additional financial waste.
3. If the apartment is pledged to the bank, and the payer is unable to repay the loan, then the apartment can be sold by court decision. Public housing cannot be taken away in such cases.
4. Complicated inheritance procedure. In the absence of a will, after the death of the owner, all heirs lay claim to the property. And it is often difficult for them to agree with each other. In the case of social rent, everything is much simpler: you just need to register the heir in the apartment.
5. Impossibility of free improvement of living conditions. If the apartment burns down or is flooded, the owner will pay for the repairs himself. If the house is demolished, the owner will receive in return an apartment of the same area, but not the cost. That is, in the event of an emergency in a privatized apartment, the owner will have to fix the problems at his own expense. The owner of a privatized apartment in a building that is in disrepair is unlikely to receive better living conditions.

Pros of privatization

1. No monthly rent to the local budget. In Moscow, for example, the rate of such payment is different and depends on the zone.
2. Legal disposal of property. A privatized apartment can be:
   • sell;

   pass;

3. divide into shares;
4. make redevelopment or major repairs.

Social hiring does not provide such opportunities.

5. Lack of conditions for eviction of the owner from the property. Even significant debt on utility bills is not grounds for eviction. Utility debts can be repaid using seized property. The apartment can be sold to compensate for losses, but such cases are not known in Russian practice.
6. Simplified registration conditions. The owner is given the right, at his personal discretion and desire, to register and discharge residents of his apartment. A tenant can only include a family member, and then only with the consent of those who are already registered in this living space. It will be possible to discharge a tenant from a municipal apartment only if he gives his consent.
7. The privatization procedure is completely free.
8. The owner of the apartment can independently manage his property - sell, donate, rent, etc.
9. An apartment can be mortgaged when taking out a loan from a bank.

What happens if you don’t privatize the apartment?

The privatization process began in the 90s of the last century. This term refers to the process of transferring state property into private ownership.

In accordance with Federal Law No. 189-FZ of December 29, 2004, free privatization of residential premises will cease from March 1, 2020.

These deadlines have been extended by the state more than once, but no one knows at the moment whether they will be extended this time.

But at the moment, someone is in a hurry to register ownership of the apartment, while others, on the contrary, do not consider it advisable. This is due to the fact that the privatization of housing registered under a social tenancy agreement has both its pros and cons .

The eternal question of whether it is worth privatizing housing or not occurs quite often and the answer depends solely on the individual situation of each citizen living under a social tenancy agreement.

Is privatization of an apartment mandatory?

Privatization implies the process of transferring state-owned residential property into the hands of the owner. The concept of “privatization” is described in more detail in Article 1 of the Law of the Russian Federation of July 4, 1991 No. 1541-1.

To privatize a living space or leave everything as is is an individual choice for each person. The right to privatize an apartment arises from a citizen who lives in an apartment registered under a social document.

No one has the right to oblige the privatization of housing, but the period for free privatization is currently in effect and expires on March 1, 2020 .

No one can officially answer whether it will be extended, as was done previously. In this regard, a certain category of citizens collects a package of documents and tries to have time to transfer public housing into private ownership, while others, on the contrary, are in no hurry to do this.

Example

Sidorov A.O. lived with his wife and three-year-old son in an apartment registered under a social tenancy agreement. Together with his wife, they decided to privatize their home. After submitting the application for privatization and the available documents for the apartment, Sidorov A.O.

refused to draw up a privatization agreement, explaining this with the following points: in the application of Sidorov A.O. did not mention his three-year-old son, and also did not provide written consent from his wife.

It is worth noting that privatization is not required at all for a cooperative apartment .

This is due to the fact that an apartment purchased by a citizen in a housing construction cooperative
is not state property.
According to Russian legislation, payment of the share contribution in full is established as the basis for acquiring ownership of residential premises - clause 4 of Art. 218 Civil Code of the Russian Federation, clause 1, art. 129 Housing Code of the Russian Federation.

Is it worth privatizing an apartment?

Before making a choice related to the privatization of an apartment, you need to know the pros and cons of the privatization process itself and the consequences.

On the one hand, a privatized apartment in the future can be sold, exchanged, and benefited from various transactions, but on the other hand, such an apartment requires increased costs .

The homeowner will pay real estate tax , which, in turn, has increased significantly due to its calculation based on the cadastral value of real estate, as well as incur expenses in connection with major repairs in an apartment building.

A citizen owner does not have the right to improve living conditions, unlike a tenant, and if he wants to change his apartment to housing with a larger area, this will be at his expense.

Low-income citizens may face financial problems in the future if they want to privatize their housing, so all the circumstances should be analyzed before resolving this issue.

Elderly pensioners living in municipal housing also have the right to privatization. In this case, citizens will be able to bequeath this housing to their children or grandchildren.

But there are also negative aspects : if suddenly the apartment is destroyed as a result of a flood, fire or other disaster, the state will not provide new housing, and the owner of the destroyed housing must take care of restoring the apartment on his own.

Pros of privatization

First of all, the main advantage of privatization is that the resident of a privatized apartment becomes a full owner . Having received this status, a person has the right to dispose of his property at his own discretion:

• sell;
• give;
• exchange;
• to rent;
• pass on by inheritance.

In addition, the owner of such an apartment can register or deregister a person, arrange for the redevelopment of a residential premises receive a loan secured by a privatized apartment, etc.

It is worth noting that the privatization of an apartment can be cancelled, in other words, deprivatized .

This means that a citizen has the right to renounce ownership of an apartment and again enter into a social tenancy agreement with the state. But it is worth knowing that such a transaction can only be made once.
Unlike a non-privatized apartment, it is almost impossible
to evict the owner for debts But you should know that in any case, you can collect the existing debt from the owner for utilities without certain problems in court, but it will not work to deprive the owner of the privatized housing itself. If it happens that the house in which the privatized apartment is located is subsequently recognized as unsafe, then in exchange for the old housing the owner will be provided with another one of equal size.

Disadvantages of privatization

The owner is responsible for privatized housing .

If unexpected circumstances suddenly occur: a fire or flood occurs in a municipal apartment, then in this case the damage will be compensated by the state.

If the apartment is privatized, the repair and restoration of housing will be the responsibility of the owner of the damaged residential premises.

Paying property taxes is also a big disadvantage during privatization.

Moreover, every year in our country the real estate tax increases, and the fees for housing maintenance and repairs also increase.

elderly person lives in a privatized apartment and does not have financial support from relatives or other persons, then this may incur large financial costs for him. But if the housing is not privatized, then the state will pay for the costs of major repairs of the house.

How many apartments can one person privatize?

Every person who lives in an apartment on the basis of a social tenancy agreement has the right to acquire this living space as his own property through privatization.

According to the law, housing can be privatized only once . But minor citizens can take part in privatization again

register another municipal property upon
reaching adulthood .
If those registered in the apartment own another residential premises, this does not serve as a restriction on participation in the privatization process. All citizens living in housing under a social tenancy agreement have the right to one-time privatization, regardless of the number of their own square meters.

family members of the tenant of the premises and citizens who do not have family relations with the tenant, but are registered participate in the registration of ownership of the apartment.

Other rights and obligations of family members of the tenant regarding the occupied residential premises are contained in Art. 69 Housing Code of the Russian Federation.

Is it possible to privatize an apartment if there is other property?

According to Article 2 of the Law of the Russian Federation “On the privatization of housing stock in the Russian Federation” dated July 4, 1991 No. 1541-1, any citizen of the Russian Federation who has the right to use residential municipal premises on social rental terms has the right to purchase it on the terms provided for by law.

The presence of ownership rights to other real estate objects (apartment, residential building, etc.) does not in any way affect the right to privatize the apartment.

A citizen who lives in residential premises on the basis of a social tenancy agreement is obliged to pay for it on time and maintain it in proper condition (Article 678 of the Civil Code of the Russian Federation). But according to Art. 158 and art. 169 of the Housing Code of the Russian Federation, whoever is the owner of the property is obliged to pay for major repairs.

In this case, in a municipal apartment the owner is the state ; accordingly, the tenant does not pay all the costs associated with major repairs.

Is it possible to privatize an apartment with debts on utility bills?

Every citizen of the country can register municipal real estate as their own, but the law says nothing about unpaid receipts for utility services. Therefore, a utility debt does not deprive a citizen to carry out the process of housing privatization .

Many citizens are faced with a situation where, when applying for an intention to privatize an apartment, service employees refuse to issue the necessary documents due to debts.

In this case, specialists act unlawfully; their actions
can be appealed in court.
Naturally, all government services strive to influence the future owner of the residential premises and force him to pay all debts, but in this case their actions are not justified.

Who is the heir if the apartment is not privatized

If a citizen lived alone in an apartment under a social tenancy agreement and his close relatives were not registered in it , then they have no right to inherit such an apartment. In this situation, the apartment will be transferred to the ownership of the state .

If a person can prove that he was a relative of the deceased testator and lived with him until his death, then in court he can try to obtain permission to continue living in such an apartment. The court will take into account the opinions and, based on the following conditions, make a decision in favor of the heir:

• If the heir and the testator are close relatives in relation to each other and lived with him.

• If they were registered in this apartment, they were dependents and had a common household with him.

In this case, you will need not only to carry out the standard procedure for entering into an inheritance, but also to reissue all the necessary documents for the apartment and become the next tenant.

After these actions, such a social tenant has the right to privatize the apartment. Only if such conditions are met can you become the owner of previously non-privatized housing.

Who pays for repairs in an apartment occupied under a social lease agreement and damaged as a result of a fire?

Hello! I live in an apartment under a social tenancy agreement. Recently, my neighbors had a fire, and the apartment I live in was also slightly damaged. Who should carry out the repairs? Good afternoon. The person who caused the harm is obliged to compensate it in full (Article 1064 of the Civil Code of the Russian Federation). Since you live in an apartment that is municipally owned, the state will be required to pay for the repairs. In turn, its authorized representatives will demand compensation from your neighbors for the damage. Thus, you will not have to carry out repairs in the apartment at your own expense.

Source: https://kvartirniy-expert.ru/privatizaciya/plyusy-i-minusy/

Privatization of apartments in 2020

Privatization of apartments in the Russian Federation was carried out free of charge until March 1, 2020 . Anyone who did not have time to privatize their residential premises will be obliged to pay the state the market value of the apartment during the procedure.

The state will consider an option that has been working in the West for a long time - a system of renting social housing. In other words, housing will be provided to citizens for rent for a certain period, but it will not be privatized.

What privatization of an apartment gives: advantages, disadvantages, nuances of registration of housing ownership

The alienation of part of an object occurs in a similar way. However, there are certain nuances of the sale, which consist in the need to allocate the share of each owner.

If one of the owners of the property wishes to sell his part, then he will first have to designate it - register the rights to the personal share separately from the rest.

In this case, the procedure will begin with the allocation of shares for each owner. In addition, notarization of the share purchase and sale agreement is mandatory. This is necessary to minimize unfair transactions with shares and is provided for by Russian legislation.

As a result, joint shared ownership is a type of ownership of an object when several persons have equal rights to it. When selling or donating such an apartment, it is necessary to coordinate actions between all owners, after which a contract is drawn up. If a share is alienated, mandatory notarization is required.

Is it worth privatizing a cooperative apartment or part of it?

The privatization process involves the transfer of public housing into the ownership of the tenant. The cooperative apartment in no way belongs to the state, since it was built at the expense of the investor. Therefore, after full payment of the share, the apartment becomes the property of the citizen. Therefore, there is no great need to carry out the privatization procedure, since the apartment is already owned by the owner.

Nuance! In the event of privatization of public housing, all people registered in the apartment can become its owners. A cooperative apartment can belong to only one member of the cooperative; all other family members have the right only to live in it.

If the person paying the fee was legally married, then the housing will be considered as jointly acquired property. In the event of a divorce, the spouse who is not a member of the cooperative has the right to claim a share of the living space. He can receive his part through the voluntary consent of the owner or through the court. The owner always retains the right to transfer his share of the apartment to one of the family members who has reached the age of majority.

Bottom line: a privatized apartment provides more opportunities for the owner; he has the right to dispose of it at his own discretion. But, at the same time, he will be charged with additional financial expenses associated with the payment of property taxes. He will also partially finance the house in case of major repairs.

Own housing insures the owner against the possibility of being evicted for utility debts. But, if the apartment is collateral with the bank, and the owner cannot repay the loan, then the housing can be taken away by a court decision and sold.

In the event of the death of a tenant, the non-privatized apartment becomes the property of the state and relatives no longer have any rights to it.

Pensioners

Perhaps the most significant and undeniable advantage of privatization is the transfer of housing into the ownership of the citizen. This significantly expands the possibilities for disposing of an apartment, because only privatized square meters can be sold, donated, or bequeathed.

Privatized apartment, shared and common ownership

Privatization involves living space that belongs to a municipal body or directly to the state. To do this, you must obtain the consent of all registered residents, including children over 14 years of age. If someone is categorically against it, the law allows for the privatization of part of the apartment.

With joint privatization, the owners own the property as a couple, without identifying specific boundaries and shares. An example of such a relationship would be spouses. Each of them has equal rights and responsibilities for living space and can dispose of it with the permission of one party.

• number of people living in one living space;
• recognition of the house as unsafe;
• obtaining the opportunity to expand living space from the state;
• whether the apartment is registered as joint or shared ownership;
• whether the apartment is service, communal or municipal.

To privatize or not to privatize an apartment?

Those citizens who intended to sell their housing in Khrushchev and become new residents were the first to register their housing as private property. After all, before this, square meters could only be exchanged on equal terms or with an additional payment.

We will tell you: what pitfalls can be expected when registering ownership of housing, and is it worth carrying out privatization in all cases? What is shared privatization of housing, what are its advantages and disadvantages? Which form of privatization is better to choose?